On the basis of in-depth consultations with governments, researchers and civil society, the Ecuadorian Chairman Emilio Rafael Izquierdo Miño published a consolidated draft agreement (»Revised Draft«) in July 2019. This document will serve as the basis for "substantive negotiations" during the upcoming fifth session of the working group, to be held in Geneva from 14 to 18 October 2019. In its new statement the Treaty Alliance Germany communicates its views on the provisions contained in the Revised Draft.
October 10, 2019 | GPF et al.
Statement of the Treaty Alliance Germany on the revised draft for a legally binding UN Treaty on Business and Human Rights (»Revised Draft«)
In June 2014, the United Nations Human Rights Council (UNHRC) mandated an intergovernmental working group (Resolution 26/9) to develop an international treaty to regulate the activities of transnational and other corporations. The need for such an instrument arose from the inadequate protection of human rights in the global economy. On the basis of in-depth consultations with governments, researchers and civil society, the Ecuadorian Chairman Emilio Rafael Izquierdo Miño published a consolidated draft agreement (»Revised Draft«) in July 2019. This document will serve as the basis for "substantive negotiations" during the upcoming fifth session of the working group, to be held in Geneva from 14 to 18 October 2019.
The Revised Draft further clarifies some of the contentious questions identified in the draft published in July 2018 (»Zero Draft«) and many points have gained in stringency and clarity. It is based explicitly and conceptually on the UN Guiding Principles for Business and Human Rights (UNGPs) and the concept of human rights due diligence. It places a special focus on improved access to justice and remedies for those affected by human rights violations, thereby strengthening the third pillar of the UNGPs. The draft agreement addresses the concerns expressed by the European Union (EU) and the Federal Government of Germany. The scope of the new draft treaty is no longer limited to transnational companies or transactions of a transnational nature. Furthermore, it was refrained from incorporating any direct obligations under international law for companies. The liability regime in the case of human rights violations has been clearly defined and is formulated with a sense of proportion.
Against this background, the EU and the German government should from now on participate actively and constructively in the negotiations on the content of the agreement. As a first step, in preparation for the forthcoming round of negotiations of the responsible UN working group on 14 to 18 October 2019, the EU should comment in writing on the draft treaty. The Treaty Alliance Germany calls on the German government and the EU to consider its comments and suggestions for improvement.
Download the complete statement here.
